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ATTORNEY FINANCING MARKETPLACEATTORNEY FINANCING MARKETPLACE
VERSION 3.2
LITCAP ANNOUNCES VERSION 3.2 OF ITS
ATTORNEY FINANCING MARKETPLACE
Houston, TX 2014 -- LitCap, an online marketplace that connects attorneys with qualified
investors/lenders for case cost financing, has launched Version 3.2 of its platform. While
a relatively new company (launched on September 1, 2013), LitCap is on pace toa relatively new company (launched on September 1, 2013), LitCap is on pace to
facilitate well over $500 million annually in case cost financing for attorneys.
Loans funded through the LitCap Marketplace are used for case-related expenses (not
legal fees or other expenses) and cover virtually all aspects of civil litigation includinglegal fees or other expenses) and cover virtually all aspects of civil litigation, including
business litigation, employment disputes, wrongful death claims, and even large case-
related expenses such as intellectual property or class action litigation. LitCap’s mission
is to change the way lawyers finance their case-related expenses as a beneficial
alternative to banks and self fundingalternative to banks and self-funding.
Media Contact: Aubree Feldmann, Tel: (713) 946-6464, aubree@litcap.net
May 28, 2014
PRESENTATION AGENDA
I. Attorney Financing History and Evolution
– How Lawyers Finance Case Cost Expenses: Case Funding Options for Litigatorsy p g p g
– Attorney legal funding for litigation finance options
II. LitCap Marketplace Stats & Factsp p
– How the LitCap Marketplace Works
– Q&A with the Founders
May 28, 2014
THE MARKETPLACE FOR CASE COST FINANCING
Attorney Financing History.Attorney Financing History.
Frequently, out-of-pocket expenditures for malpractice or product defects
can escalate into six figures (does not include attorney fees) For mass tortcan escalate into six figures (does not include attorney fees). For mass tort
cases, expenses can easily spiral into seven to eight figures.
Source: UCLA Law Review. 2013. Nora Freeman Engstrom. Re‐ReFinancing Civil Litigation: How 
Lawyer Lending Might Remake the Litigation Landscape, Again.
Attorney Financing History.
FUND TYPE: SELF
Plaintiff attorneys bear the cost of case preparation. Attorneys are responsible for
lf f di ll
Pros:
self-funding all expenses.
Cons:
• Not dependant upon banks • Working Capital Constraints
• Financial Losses on Bad Cases
• Inherently Risky
• David vs. Goliath Capital Resources
• “Requires use of yesterday’s payday
to fund tomorrow's payout”
Attorney Financing History.
FUND TYPE: INTER-FIRM PARTNERSHIPS
Reliance on partnerships with fellow lawyers and/or loans from traditional lenders.
Wh h t h tt k i t f th i b tt fi d
Pros:
When short on cash, attorneys seek assistance from their better financed peers.
Cons:
• Lawyers partially funded in
exchange for a cut of the
ultimate contingent fee.
Eff ti C it l R• Effective Capital Resource
Strategy requires partnership.
• Created inter-firm advisory and
partnershipspartnerships.
Attorney Financing History.
FUND TYPE: BANK FINANCING
Bank line of credit lending typically secured not by case inventory, but by personal
t
Pros:
assets.
Cons:
• Personal Asset Lending
• Cash dependent upon working
capital line of credit
• Capital resources for plaintiffs
less better funded counterparts
• The lawyers with the largest
bankrolls dominate the marketbankrolls dominate the market
Attorney Financing History.
FUND TYPE: THIRD-PARTY LENDERS
Attorneys finance their litigation and/or other legal costs in exchange for a percentage
h f th j d t ttl t
Pros:
share of the judgment or settlement.
Cons:
• Larger sums of capital
• Case-specific nonrecourse
lending (i.e. if the litigant loses,
h d t h t th
• Rates may be a percentage of
the settlement.
he does not have to repay the
money).
Attorney Financing History.
FUND TYPE: MARKETPLACE LENDING
Non-recourse lending based on the merits of the case (and attorney) whereby the fixed
f i d t i d b th k t l N i t t thl t d til th
Pros:
fee is predetermined by the marketplace. No interest or monthly payments due until the
case is successfully settled.
Pros:
• Non-recourse lending
• Fixed fee (not percentage)
L di b d th it f th d th tt• Lending based on the merits of the case and the attorney
• IOLTA friendly
• Decouples a firm’s access to capital from its reservoir of expertise.
• Enables lawyers to have the financial power to stay in charge of all theirEnables lawyers to have the financial power to stay in charge of all their
cases and receive the entire fee.
• In the best interest of all parties
FUND TYPE:
SELF
FUNDING
FUND TYPE:
INTER-FIRM
PARTNERSHIPS
FUNDING
BANK
FINANCING
PARTNERSHIPS
THIRD-PARTY
LENDERS
FINANCING
MARKETPLACE
LENDERS
LENDERS
LENDERS
THE LITCAP MARKETPLACE
Across a broad spectrum of various types of
litigation, loans funded through the LitCap
Marketplace are used for case-related expenses
“Attorneys understand that
(not legal fees or other expenses) and cover
virtually all aspects of civil litigation, including:
• business litigation
Attorneys understand that
funding their clients’ case
costs is the least effective
use of their funds. With the
LitC M k t l• business litigation
• employment disputes
• wrongful death claims
• intellectual property
LitCap Marketplace you can
fund cases on an individual
basis and not have to tie up
other parts of your docket.”p p y
• class action litigation
• other large case-related expenses
p y
$8 Million
Pelvic Mesh
$10 Million
Asbestos/
$460,000
Automobile Neg.
$250,000
Wrongful Death
$190,000
Products Liability
$57,500
Breach Contract
$45,000
Employ. Dispute
Case Costs Mesothelioma Case Costs Claim Case Costs Case Costs Case Costs Case Costs
LITCAP MARKETPLACE
“It will thus facilitate additional investment in case preparation, likely permitting plaintiffs’ lawyers to retain additional and higher-
Stats & Facts
caliber experts, construct more elaborate demonstrations, and more comprehensive pre-trail discovery. Additionally, it levels the
playing field between plaintiffs and their traditionally better financed foes.”
M k t l
“LitCap’s mission is
to change the way
Marketplace.
The first, and only existing legal financing
marketplace.
to change the way
lawyers finance
their case-related
expenses.”
Unlimited Capital.
Cases funded have included $4,500 for
automobile case expenses up to millions of
dollars for Mesh cases.
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
1How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
1.
Become a LitCap Member
*LIVE DEMO PRESENTATION*
p
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
1. Become a LitCap Member
1. Interested attorneys must first meet stringent qualifications to become a member of LitCap.
Accepted attorneys must be considered leaders in their field through professional accomplishment
and peer recognition. Attorneys fill out an application and are then considered for inclusion.
2 f f f f f2. After qualifying for the free membership, the attorney logs in to the online platform and lists a case
on the LitCap Marketplace by filling out a short case questionnaire comprised of non-privileged
(factual) information about the case. The attorney then determines the amount of case cost
financing needed and the interest rate sought, and publishes the case on the Marketplace.
3. After the case is listed on the LitCap Marketplace and reviewed by investors, an investor will make
an offer to the attorney to loan on the case-related expenses. The attorney and investor negotiate
the interest rate for the loan, and after they reach an agreement, the funds are wire transferred to
the attorney’s IOLTA Trust account.
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
2How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
2.
File your lawsuit.
*LIVE DEMO PRESENTATION*
y
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
3.
How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
List your case on
th LitC Pl tf*LIVE DEMO PRESENTATION*the LitCap Platform.
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
4.
How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
Select your offer.
*LIVE DEMO PRESENTATION*
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
5.How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.Receive funds.
*LIVE DEMO PRESENTATION*
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
6.
How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
Maintain your case and update
th t t t l b i*LIVE DEMO PRESENTATION*the status on a quarterly basis.
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
7.
How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
Make recovery, close case
d t f d*LIVE DEMO PRESENTATION*and return funds.
THE LITCAP MARKETPLACE
THE LITCAP MARKETPLACE
8.
How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
If you don’t make a recovery,
l i f i*LIVE DEMO PRESENTATION*your loan is forgiven.
THE LITCAP MARKETPLACE
How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start
to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client,
the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
&
ATTORNEY MARKETPLACEATTORNEY MARKETPLACE
Log In, List your Case, Get Funded.
O Mi i i t Ch th W L FiOur Mission is to Change the Way Lawyers Finance
Case-Related Expenses, and to Help Attorneys
Relieve Practice Related Financial Pressures.
Contact LitCap:
linda@litcap.net | Tel: (713) 946-6464 | 1314 Texas Ave., Suite 1110 Houston, TX 77002

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LitCap Webinar Presentation

  • 1. ATTORNEY FINANCING MARKETPLACEATTORNEY FINANCING MARKETPLACE VERSION 3.2
  • 2. LITCAP ANNOUNCES VERSION 3.2 OF ITS ATTORNEY FINANCING MARKETPLACE Houston, TX 2014 -- LitCap, an online marketplace that connects attorneys with qualified investors/lenders for case cost financing, has launched Version 3.2 of its platform. While a relatively new company (launched on September 1, 2013), LitCap is on pace toa relatively new company (launched on September 1, 2013), LitCap is on pace to facilitate well over $500 million annually in case cost financing for attorneys. Loans funded through the LitCap Marketplace are used for case-related expenses (not legal fees or other expenses) and cover virtually all aspects of civil litigation includinglegal fees or other expenses) and cover virtually all aspects of civil litigation, including business litigation, employment disputes, wrongful death claims, and even large case- related expenses such as intellectual property or class action litigation. LitCap’s mission is to change the way lawyers finance their case-related expenses as a beneficial alternative to banks and self fundingalternative to banks and self-funding. Media Contact: Aubree Feldmann, Tel: (713) 946-6464, aubree@litcap.net May 28, 2014
  • 3. PRESENTATION AGENDA I. Attorney Financing History and Evolution – How Lawyers Finance Case Cost Expenses: Case Funding Options for Litigatorsy p g p g – Attorney legal funding for litigation finance options II. LitCap Marketplace Stats & Factsp p – How the LitCap Marketplace Works – Q&A with the Founders May 28, 2014
  • 4. THE MARKETPLACE FOR CASE COST FINANCING Attorney Financing History.Attorney Financing History. Frequently, out-of-pocket expenditures for malpractice or product defects can escalate into six figures (does not include attorney fees) For mass tortcan escalate into six figures (does not include attorney fees). For mass tort cases, expenses can easily spiral into seven to eight figures. Source: UCLA Law Review. 2013. Nora Freeman Engstrom. Re‐ReFinancing Civil Litigation: How  Lawyer Lending Might Remake the Litigation Landscape, Again.
  • 5. Attorney Financing History. FUND TYPE: SELF Plaintiff attorneys bear the cost of case preparation. Attorneys are responsible for lf f di ll Pros: self-funding all expenses. Cons: • Not dependant upon banks • Working Capital Constraints • Financial Losses on Bad Cases • Inherently Risky • David vs. Goliath Capital Resources • “Requires use of yesterday’s payday to fund tomorrow's payout”
  • 6. Attorney Financing History. FUND TYPE: INTER-FIRM PARTNERSHIPS Reliance on partnerships with fellow lawyers and/or loans from traditional lenders. Wh h t h tt k i t f th i b tt fi d Pros: When short on cash, attorneys seek assistance from their better financed peers. Cons: • Lawyers partially funded in exchange for a cut of the ultimate contingent fee. Eff ti C it l R• Effective Capital Resource Strategy requires partnership. • Created inter-firm advisory and partnershipspartnerships.
  • 7. Attorney Financing History. FUND TYPE: BANK FINANCING Bank line of credit lending typically secured not by case inventory, but by personal t Pros: assets. Cons: • Personal Asset Lending • Cash dependent upon working capital line of credit • Capital resources for plaintiffs less better funded counterparts • The lawyers with the largest bankrolls dominate the marketbankrolls dominate the market
  • 8. Attorney Financing History. FUND TYPE: THIRD-PARTY LENDERS Attorneys finance their litigation and/or other legal costs in exchange for a percentage h f th j d t ttl t Pros: share of the judgment or settlement. Cons: • Larger sums of capital • Case-specific nonrecourse lending (i.e. if the litigant loses, h d t h t th • Rates may be a percentage of the settlement. he does not have to repay the money).
  • 9. Attorney Financing History. FUND TYPE: MARKETPLACE LENDING Non-recourse lending based on the merits of the case (and attorney) whereby the fixed f i d t i d b th k t l N i t t thl t d til th Pros: fee is predetermined by the marketplace. No interest or monthly payments due until the case is successfully settled. Pros: • Non-recourse lending • Fixed fee (not percentage) L di b d th it f th d th tt• Lending based on the merits of the case and the attorney • IOLTA friendly • Decouples a firm’s access to capital from its reservoir of expertise. • Enables lawyers to have the financial power to stay in charge of all theirEnables lawyers to have the financial power to stay in charge of all their cases and receive the entire fee. • In the best interest of all parties
  • 11. THE LITCAP MARKETPLACE Across a broad spectrum of various types of litigation, loans funded through the LitCap Marketplace are used for case-related expenses “Attorneys understand that (not legal fees or other expenses) and cover virtually all aspects of civil litigation, including: • business litigation Attorneys understand that funding their clients’ case costs is the least effective use of their funds. With the LitC M k t l• business litigation • employment disputes • wrongful death claims • intellectual property LitCap Marketplace you can fund cases on an individual basis and not have to tie up other parts of your docket.”p p y • class action litigation • other large case-related expenses p y $8 Million Pelvic Mesh $10 Million Asbestos/ $460,000 Automobile Neg. $250,000 Wrongful Death $190,000 Products Liability $57,500 Breach Contract $45,000 Employ. Dispute Case Costs Mesothelioma Case Costs Claim Case Costs Case Costs Case Costs Case Costs
  • 12. LITCAP MARKETPLACE “It will thus facilitate additional investment in case preparation, likely permitting plaintiffs’ lawyers to retain additional and higher- Stats & Facts caliber experts, construct more elaborate demonstrations, and more comprehensive pre-trail discovery. Additionally, it levels the playing field between plaintiffs and their traditionally better financed foes.” M k t l “LitCap’s mission is to change the way Marketplace. The first, and only existing legal financing marketplace. to change the way lawyers finance their case-related expenses.” Unlimited Capital. Cases funded have included $4,500 for automobile case expenses up to millions of dollars for Mesh cases.
  • 13. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 1How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client. 1. Become a LitCap Member *LIVE DEMO PRESENTATION* p
  • 14. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 1. Become a LitCap Member 1. Interested attorneys must first meet stringent qualifications to become a member of LitCap. Accepted attorneys must be considered leaders in their field through professional accomplishment and peer recognition. Attorneys fill out an application and are then considered for inclusion. 2 f f f f f2. After qualifying for the free membership, the attorney logs in to the online platform and lists a case on the LitCap Marketplace by filling out a short case questionnaire comprised of non-privileged (factual) information about the case. The attorney then determines the amount of case cost financing needed and the interest rate sought, and publishes the case on the Marketplace. 3. After the case is listed on the LitCap Marketplace and reviewed by investors, an investor will make an offer to the attorney to loan on the case-related expenses. The attorney and investor negotiate the interest rate for the loan, and after they reach an agreement, the funds are wire transferred to the attorney’s IOLTA Trust account.
  • 15. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 2How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client. 2. File your lawsuit. *LIVE DEMO PRESENTATION* y
  • 16. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 3. How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client. List your case on th LitC Pl tf*LIVE DEMO PRESENTATION*the LitCap Platform.
  • 17. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 4. How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client. Select your offer. *LIVE DEMO PRESENTATION*
  • 18. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 5.How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client.Receive funds. *LIVE DEMO PRESENTATION*
  • 19. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 6. How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client. Maintain your case and update th t t t l b i*LIVE DEMO PRESENTATION*the status on a quarterly basis.
  • 20. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 7. How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client. Make recovery, close case d t f d*LIVE DEMO PRESENTATION*and return funds.
  • 21. THE LITCAP MARKETPLACE THE LITCAP MARKETPLACE 8. How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client. If you don’t make a recovery, l i f i*LIVE DEMO PRESENTATION*your loan is forgiven.
  • 22. THE LITCAP MARKETPLACE How LitCap Works: LitCap oversees the entire process and tracks the cases on the platform from start to finish for both the investors and attorneys. If the attorney obtains a successful outcome for his client, the attorney repays the loan at the same time funds are dispersed to the attorney’s client.
  • 23. &
  • 24. ATTORNEY MARKETPLACEATTORNEY MARKETPLACE Log In, List your Case, Get Funded. O Mi i i t Ch th W L FiOur Mission is to Change the Way Lawyers Finance Case-Related Expenses, and to Help Attorneys Relieve Practice Related Financial Pressures. Contact LitCap: linda@litcap.net | Tel: (713) 946-6464 | 1314 Texas Ave., Suite 1110 Houston, TX 77002